Child Support Act 1991 - legislation

1 Child Support Act 1991. CHAPTER 48. LONDON: HMSO. Child Support Act 1991. CHAPTER 48. ARRANGEMENT OF SECTIONS. The basic principles Section 1. The duty to maintain. 2. Welfare of children: the general principle. 3. Meaning of certain terms used in this Act. 4. Child Support maintenance. 5. Child Support maintenance: supplemental provisions. 6. Applications by those receiving benefit. 7. Right of Child in Scotland to apply for assessment. 8. Role of the courts with respect to maintenance for children. 9. Agreements about maintenance. 10. Relationship between maintenance assessments and certain court orders and related matters. Maintenance assessments 11. Maintenance assessments. 12. Interim maintenance assessments. Child Support officers 13. Child Support officers. Information 14. Information required by Secretary of State. 15. Powers of inspectors. Reviews and appeals 16. periodical reviews.

2 17. Reviews on change of circumstances. 18. Reviews of decisions of Child Support officers. 19. Reviews at instigation of Child Support officers. 20. Appeals. 21. Child Support appeal tribunals. 22. Child Support Cor missioners. 23. Child Support Cr .nmissioners for Northern Ireland. 24. Appeal to Commissioner. c. 48 Child Support Act 1991. Section 25. Appeal from Child Support Commissioner on question of law. 26. Disputes about parentage. 27. Reference to court for declaration of parentage. 28. Power of Secretary of State to initiate or defend actions of declarator: Scotland. Collection and enforcement 29. Collection of Child Support maintenance. 30. Collection and enforcement of other forms of maintenance. 31. Deduction from earnings orders. 32. Regulations about deduction from earnings orders. 33. Liability orders. 34. Regulations about liability orders. 35. Enforcement of liability orders by distress.

3 36. Enforcement in county courts. 37. Regulations about liability orders: Scotland. 38. Enforcement of liability orders by diligence: Scotland. 39. Liability orders: enforcement throughout United Kingdom. 40. Commitment to prison. 41. Arrears of Child Support maintenance. Special cases 42. Special cases. 43. Contribution to maintenance by deduction from benefit. Jurisdiction 44. Jurisdiction. 45. Jurisdiction of courts in certain proceedings under this Act. Miscellaneous and supplemental 46. Failure to comply with the obligations imposed by section 6. 47. Fees. 48. Right of audience. 49. Right of audience: Scotland. 50. Unauthorised disclosure of information. 51. Supplementary powers to make regulations. 52. Regulations and orders. 53. Financial provisions. 54. Interpretation. 55. Meaning of " Child ". 56. Corresponding provision for and co-ordination with Northern Ireland. 57. Application to Crown.

4 58. Short title, commencement and extent, etc. SCHEDULES: Schedule 1 Maintenance Assessments. Part I Calculation of Child Support Maintenance. Part Il General Provisions About Maintenance Assessments. Schedule 2 Provision of Information to Secretary of State. Schedule 3 Child Support Appeal Tribunals. Child Support Act 1991 c. 48. Schedule 4 - Child Support Commissioners. Schedule 5 Consequential Amendments. ELIZABETH II c. 48. Child Support Act 1991. 1991 CHAPTER 48. An Act to make provision for the assessment, collection and enforcement of periodical maintenance payable by certain parents with respect to children of theirs who are not in their care;. for the collection and enforcement of certain other kinds of maintenance; and for connected purposes. [25th July 1991]. EIT ENACTED by the Queen's most Excellent Majesty, by and with B the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows.

5 The basic principles 1. (1) For the purposes of this Act, each parent of a qualifying Child The duty to is responsible for maintaining him. maintain. (2) For the purposes of this Act, an absent parent shall be taken to have met his responsibility to maintain any qualifying Child of his by making periodical payments of maintenance with respect to the Child of such amount, and at such intervals, as may be determined in accordance with the provisions of this Act. (3) Where a maintenance assessment made under this Act requires the making of periodical payments, it shall be the duty of the absent parent with respect to whom the assessment was made to make those payments. 2. Where, in any case which falls to be dealt with under this Act, the Welfare of Secretary of State or any Child Support officer is considering the exercise children: the of any discretionary power conferred by this Act, he shall have regard to general principle.

6 The welfare of any Child likely to be affected by his decision. 3. (l) A Child is a "qualifying Child " if Meaning of certain terms used (a) one of his parents is, in relation to him, an absent parent; or in this Act. (b) both of his parents are, in relation to him, absent parents. 2 c. 48 Child Support Act 1991. (2) The parent of any Child is an "absent parent", in relation to him, if . (a) that parent is not living in the same household with the Child ; and (b) the Child has his home with a person who is, in relation to him, a person with care. (3) A person is a "person with care", in relation to any Child , if he is a person . (a) with whom the Child has his home;. (b) who usually provides day to day care for the Child (whether exclusively or in conjunction with any other person); and (c) who does not fall within a prescribed category of person. (4) The Secretary of State shall not, under subsection (3)(c), prescribe as a category.

7 (a) parents;. (b) guardians;. (c) persons in whose favour residence orders under section 8 of the 1989 c. 41. Children Act 1989 are in force;. (d) in Scotland, persons having the right to custody of a Child . (5) For the purposes of this Act there may be more than one person with care in relation to the same qualifying Child . (6) periodical payments which are required to be paid in accordance with a maintenance assessment are referred to in this Act as " Child Support maintenance". (7) Expressions are defined in this section only for the purposes of this Act. Child Support 4. (1) A person who is, in relation to any qualifying Child or any maintenance, qualifying children, either the person with care or the absent parent may apply to the Secretary of State for a maintenance assessment to be made under this Act with respect to that Child , or any of those children. (2) Where a maintenance assessment has been made in response to an application under this section the Secretary of State may, if the person with care or absent parent with respect to whom the assessment was made applies to him under this subsection, arrange for.

8 (a) the collection of the Child Support maintenance payable in accordance with the assessment;. (b) the enforcement of the obligation to pay Child Support maintenance in accordance with the assessment. (3) Where an application under subsection (2) for the enforcement of the obligation mentioned in subsection (2)(b) authorises the Secretary of State to take steps to enforce that obligation whenever he considers it necessary to do so, the Secretary of State may act accordingly. (4) A person who applies to the Secretary of State under this section shall, so far as that person reasonably can, comply with such regulations as may be made by the Secretary of State with a view to the Secretary of State or the Child Support officer being provided with the information which is required to enable . Child Support Act 1991 c. 48 3. (a) the absent parent to be traced (where that is necessary);. (b) the amount of Child Support maintenance payable by the absent parent to be assessed; and (c) that amount to be recovered from the absent parent.

9 (5) Any person who has applied to the Secretary of State under this section may at any time request him to cease acting under this section. (6) It shall be the duty of the Secretary of State to comply with any request made under subsection (5) (but subject to any regulations made under subsection (8)). (7) The obligation to provide information which is imposed by subsection (4) . (a) shall not apply in such circumstances as may be prescribed; and (b) may, in such circumstances as may be prescribed, be waived by the Secretary of State. (8) The Secretary of State may by regulations make such incidental, supplemental or transitional provision as he thinks appropriate with respect to cases in which he is requested to cease to act under this section. (9) No application may be made under this section if there is in force with respect to the person with care and absent parent in question a maintenance assessment made in response to an application under section 6.

10 5. (1) Where Child Support (a) there is more than one person with care of a qualifying Child ; and (b) one or more, but not all, of them have parental responsibility for provisions. (or, in Scotland, parental rights over) the Child ;. no application may be made for a maintenance assessment with respect to the Child by any of those persons who do not have parental responsibility for (or, in Scotland, parental rights over) the Child . (2) Where more than one application for a maintenance assessment is made with respect to the Child concerned, only one of them may be proceeded with. (3) The Secretary of State may by regulations make provision as to which of two or more applications for a maintenance assessment with respect to the same Child is to be proceeded with. 6. ( I) Where income Support , family credit or any other benefit of a Applications by prescribed kind is claimed by or in respect of, or paid to or in respect of, those receiving the parent of a qualifying Child she shall, if benefit.